Testimony moves ahead in Reese trial

PORTER COUNTY, Ind. (WISH) - Did Officer Jason Fishburn know the man who shot him was carrying a gun?

It’s a question that was at the center of the day’s testimony in the attempted murder trial of Brian Reese.

Brian Reese shot Jason Fishburn. On that point there is no argument.

But Marion County prosecutor Carl Brizzi said because of Officer Fishburn’s injuries, he can’t say what happened the moment when bullets hit his head and chest.

"We’ll never know what Jason knew,” said Brizzi.

So, the prosecution is using witnesses who were in the area of the chase and shooting when it happened.

Wednesday, a woman who saw Officer Fishburn chasing Reese testified about the gunshots she heard and what she saw outside her home.

Prosecutor Brizzi said, “She saw Jason lying on the ground, by her fence, very emotional 911 call she called police."

But a problem for the prosecution is that the woman said she saw Officer Fishburn holding a gun as he chased Reese.

The prosecution insists it wasn’t a gun, but a Taser designed to stun a victim not kill him.

They even held a Taser up in court and asked the woman if she had ever seen one, but before she could answer the defense objected and the judge ruled the Taser could not be entered as evidence, telling the jury to ignore what they saw.

By late afternoon however as Officer Fishburn's partner at IMPD testified, the defense actually asked the judge to let him hold up both his gun and his Taser for the jury to see.

The judge agreed, and Officer Jerry Piland showed both his 9mm Glock pistol and his Taser.

On Thursday, prosecutors say the case moves from presenting evidence about the chase of Brian Reese to presenting evidence about the shooting of Officer Fishburn.